HAK ASUH ANAK AKIBAT PERCERAIAN (STUDI PUTUSAN NOMOR 471/Pdt.G/2012/PA Yk.)

Sri Rahmawati Dewi, NIM.: 19103040027 (2023) HAK ASUH ANAK AKIBAT PERCERAIAN (STUDI PUTUSAN NOMOR 471/Pdt.G/2012/PA Yk.). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Divorce that often occurs in households certainly has legal consequences, one of which is the issue of child custody due to divorce. Based on the Compilation of Islamic Law, it states that the mother is the one who has the right to take care of the child before the child is mumayyiz or 12 years old, if he is 12 years old, he will have the right to choose with whom he lives either his mother or father, which in the Compilation of Islamic Law the father ranks second in the right to take care of children who are not yet mumayyiz. As for not always child custody falls to the mother, the father also has the right to have the same rights as the mother, when the conditions for determining the mother do not meet the criteria for providing the interests of the child, because in terms of childcare the first thing that must be considered is the interests of the child and has the ability and ability to provide security to children who are victims of divorce. This research is an analysis of the determination of child custody given to the Petitioner, the biological father where the child is not yet mumayyiz or 12 years old as decided by the Yogyakarta Religious Court. The type of research used by the author is library research, namely by examining several legal materials, the nature of the research used is Descriptive- Analytic, namely analyzing and describing data regarding child custody due to divorce in decision Number 471/Pdt. G/2012/PA Yk. The results of the research that the author has found in this study show that the panel of judges who are authorized to hear and examine cases of child custody due to divorce. The panel considered that after going through the mediation process, the Petitioner and Respondent managed to reach a peace agreement that the custody of the two children was with the second party, namely the biological mother.

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